Original HRC document

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Document Type: Final Report

Date: 2018 Jul

Session: 39th Regular Session (2018 Sep)

Agenda Item: Item2: Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General, Item3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development

GE.18-11214(E)



Human Rights Council Thirty-ninth session

10–28 September 2018 Agenda items 2 and 3

Annual report of the United Nations High Commissioner

for Human Rights and reports of the Office of the

High Commissioner and the Secretary-General

Promotion and protection of all human rights, civil,

political, economic, social and cultural rights,

including the right to development

Report of the United Nations High Commissioner for Human Rights on the rights of indigenous peoples

Summary

The present report is submitted pursuant to Human Rights Council resolution 36/14.

It contains information on relevant developments relating to human rights bodies and

mechanisms and outlines the activities undertaken by the Office of the United Nations High

Commissioner for Human Rights at Headquarters and in the field that contribute to the

promotion of, respect for and the full application of the provisions of the United Nations

Declaration on the Rights of Indigenous Peoples as well as of provisions in relevant

international human rights treaties. The report covers the period from 1 May 2017 to 31

May 2018.

United Nations A/HRC/39/37

I. Introduction

1. In its resolution 36/14 concerning human rights and indigenous peoples, the Human

Rights Council requested the United Nations High Commissioner for Human Rights to

continue to submit to it an annual report on the rights of indigenous peoples, containing

information on relevant developments in human rights bodies and mechanisms and on the

activities undertaken by the Office of the United Nations High Commissioner for Human

Rights (OHCHR) at headquarters and in the field, that contribute to the promotion of,

respect for and the full application of the provisions of the United Nations Declaration on

the Rights of Indigenous Peoples.

2. The present report focuses on some illustrative examples of OHCHR activities and

initiatives undertaken at the country, regional and headquarters levels that contribute to

realization of the rights of indigenous peoples. It also outlines recent developments within

United Nations human rights bodies and mechanisms pertaining to indigenous peoples.

II. General overview of OHCHR activities and recent developments in human rights bodies and mechanisms

3. During the period under review, important measures were taken to advance the

rights of indigenous peoples. However, progress remains fragile. Reports by United Nations

human rights mechanisms demonstrate that the United Nations Declaration on the Rights of

Indigenous Peoples and the outcome document of the World Conference on Indigenous

Peoples are far from being fully implemented, and that the shrinking democratic space in

many countries continues to be a challenge for indigenous human rights defenders,

organizations and movements, including those that cooperate with the United Nations.

Many countries where indigenous peoples live fail to meet indigenous peoples’ human

rights obligations and to ensure their meaningful engagement and effective participation,

including when elaborating development priorities and strategies that relate to extractive

industries and to the use of land, territories and resources.

4. To address these concerns, OHCHR continued to provide technical assistance and

guidance to Member States, indigenous peoples, civil society organizations and United

Nations bodies, and strengthened its efforts to involve indigenous peoples in all

international initiatives that affect them, including the implementation of the 2030 Agenda

for Sustainable Development.

5. During the reporting period, indigenous peoples’ rights were included in the

recommendations of several human rights treaty bodies, and in the reports and

communications and other activities of several special procedure mandate holders. These

United Nations mechanisms provided detailed, country-specific recommendations for the

implementation of indigenous peoples’ rights, including in relation to resources and support

to develop their capacities, in order for indigenous peoples to be able to claim their rights

and interact on an equal footing with the authorities, the private sector and human rights

mechanisms. These mechanisms also highlighted the need to ensure that all those whose

decisions impact indigenous peoples’ rights — from State authorities to business

enterprises and international financial institutions — are familiar with the standards set

forth in the United Nations Declaration on the Rights of Indigenous Peoples.

A. Requirements for free, prior and informed consent and for consultative

mechanisms, including in the context of business and extractive

industries

6. A key area of concern for OHCHR and United Nations human rights mechanisms

continues to be the development activities undertaken in indigenous lands and territories

with insufficient regard for the principle of free, prior and informed consent and for other

safeguards enshrined in the United Nations Declaration on the Rights of Indigenous

Peoples. OHCHR provided expert guidance to key stakeholders on the practical application

of indigenous peoples’ requirement for free, prior and informed consent in order to enable

meaningful participation by indigenous peoples in the context of large-scale projects and

economic interests over indigenous lands, territories and natural resources.

7. For example, the OHCHR Regional Office for Central America has played an

important role in the establishment of the national mechanism for consultation with

indigenous peoples in Costa Rica via a presidential decree issued in March 2018. OHCHR

provided technical advice to the Government and the eight indigenous peoples of Costa

Rica, in order to ensure compliance with the international standards on human rights and in

particular with the United Nations Declaration on the Rights of Indigenous Peoples and the

recommendations issued by international human rights mechanisms.

8. During the process that led to the establishment of the national mechanism, the

Regional Office, together with the International Labour Organization (ILO) and the United

Nations Development Programme (UNDP), supported the various phases of the process by

organizing workshops in the 24 territories of the country, helped generate broad

participation in all the indigenous territories, including by older people, women and young

people, and contributed to facilitating the dialogue between the Government and indigenous

peoples. The Regional Office also facilitated the organization of two national meetings that

were attended by more than 100 indigenous representatives, and contributed to the process

of drafting the decree to ensure that it complied with international human rights standards.

9. The OHCHR office in Colombia supported the elaboration and implementation of

protocols for consultation and negotiation with third parties and the realization of processes

for free, prior and informed consent, including with the Arhuaco people of the Sierra

Nevada de Santa Marta for the protection of their ecosystem; and with the Nasa people in

northern Cauca in relation to the La Salvajina hydroelectric dam as well as to the

demobilized members of the Revolutionary Armed Forces of Colombia — People’s Army

(FARC-EP) in the ancestral territory of the Nasa people.

10. The country office is also working on free, prior and informed consent processes

with the 15 indigenous peoples of the Putumayo region — 13 of whom have been

recognized by the Constitutional Court of Colombia as risking physical and cultural

extermination.

11. The OHCHR office in Guatemala monitored the case of the El Escobal mining

project, owned by the Canadian company Tahoe Resources. In June 2017, an injunction

issued by the Supreme Court of Justice suspended the mine’s activities and ruled that the

State must “restore the violated constitutional rights of the indigenous Xinca community of

the departments of Santa Rosa and Jalapa”. The injunction also instructed the Ministry of

Energy and Mines to carry out a consultation process within 12 months. The decision was

appealed to the Constitutional Court. In this context, the OHCHR office documented cases

of human rights violations and provided technical assistance to the communities concerned.

12. The country office expressed concern to the Government over a draft bill on

consultation, presented to Congress in April 2018, which focused only on the obligation to

comply with the Indigenous and Tribal Peoples Convention, 1989 (No. 169) without

referring to other relevant international standards. The bill was drafted without the

participation of indigenous peoples.

13. The OHCHR office in Mexico worked on emblematic cases relating to free, prior

and informed consent, providing technical assistance to indigenous communities,

authorities, civil society and private companies to monitor ongoing processes. It carried out

several missions to follow up on consultation processes, including in the central valleys of

Oaxaca where 16 indigenous communities were affected by a presidential decree limiting

their access to water. The office is also following up on similar consultation processes in

the community of Unión Hidalgo, Oaxaca, related to a wind park project; with Mayan

communities in the State of Campeche in relation to the planting of transgenic soy, in

collaboration with UNDP and the Food and Agriculture Organization of the United Nations

(FAO); and with other Mayan communities in the State of Yucatán for the construction of a

wind park and for a solar energy project. The office also participates as an observer in the

consultation process for the construction of a solar park in the indigenous community of

San José Tipceh.

14. The country office was also involved in several other processes during which

consultations were proving insufficient, for example in connection with the Otomí

community of Xochicuautla being affected by the construction of a highway in their sacred

forest. The office played an important role in the suspension of all construction operations

and in the establishment of a round table that resulted in agreements being reached between

the parties in May 2018.

15. The country office organized several capacity-building activities related to the

principle of free, prior and informed consent. For example, in June 2017 it trained

representatives of the Ministry of Energy, the Energy Regulatory Commission, the National

Hydrocarbons Commission and the National Commission for the Development of

Indigenous Peoples, among others.

16. As a result of a communication and a press statement issued in July 2017 by the

Special Rapporteur on the rights of indigenous peoples, on the ongoing negotiations

between oil companies and the Government in Peru, the Government began a dialogue with

the indigenous authorities prior to considering new licences for oil exploitation. A 30-year

contract for future extraction rights in the Amazon rainforest, in the country’s Loreto region,

was under negotiation.

17. In July 2017, the Special Rapporteur sent a communication to the Government of

Nepal regarding an ongoing Kathmandu Valley road improvement project, referring to

allegations of forced evictions and the destruction of cultural property, and to the lack of

consultation with and of free, prior and informed consent from the Newar indigenous

peoples affected. The Government halted the road project pending the decision of the

Supreme Court on the matter.

18. In April 2017, the Special Rapporteur was invited to undertake a working visit to

Honduras to provide advice on draft legislation regarding the obligation to consult with

indigenous peoples. Subsequent written commentaries on the draft law, made public by the

Special Rapporteur in June 2017, helped to make all actors aware of the international

human rights standards related to consultation and consent, while also encouraging the

inclusion of all actors in the discussion.

19. The Working Group on the issue of human rights and transnational corporations and

other business enterprises engaged with representatives of indigenous peoples during its

official country visits to Canada (May 2017), Peru (July 2017) and Thailand (March–April

2018), addressing specific human rights concerns related to indigenous peoples’ rights with

reference to the United Nations Declaration on the Rights of Indigenous Peoples and the

requirement of free, prior and informed consent.1

20. The Working Group addressed specific challenges faced by indigenous peoples in its

2017 report to the General Assembly, 2 and has also sent letters to States and private

companies, under the communications procedure, regarding the situation of indigenous

peoples affected by business activities.

21. Over the course of the reporting period, human rights treaty bodies consistently

raised issues related to the rights of indigenous peoples to consultation and to the principle

of free, prior and informed consent. 3 They recommended that States apply existing

protocols in consultation with indigenous peoples before creating new ones and stressed

that new protocols should be developed in accordance with the relevant international

human rights standards.

1 Reports to be presented to the Human Rights Council for its thirty-eighth session.

2 A/72/162.

3 In connection with Australia, Bangladesh, Cameroon, Canada, Chile, Colombia, Costa Rica, Ecuador,

Finland, Guatemala, Kenya, Mexico, Nepal, New Zealand, Norway, Panama, Paraguay and the

Russian Federation.

22. They also encouraged States parties to conduct independent studies into the potential

social and environmental impact on indigenous peoples of natural resource exploration and

development projects, and called for adequate remedies and reparation for groups

negatively affected by extractive activities.

23. The Committee on Economic, Social and Cultural Rights, in paragraphs 12 and 17

of its general comment No. 24 (2017) on State obligations under the International Covenant

on Economic, Social and Cultural Rights in the context of business activities, recommends

that States parties and businesses respect the principle of the free, prior and informed

consent of indigenous peoples in relation to all matters that could affect their rights.

24. Regarding existing national mechanisms for consulting indigenous peoples on

matters that concern them, treaty bodies also advised the allocation of greater resources to

ensure the mechanisms’ effective functioning4 and referred to initiatives for setting up new

relevant government structures.5

25. A recurrent recommendation arising from the universal periodic review during the

reporting period relates to the development or enhancement of procedures and mechanisms

that guarantee meaningful, effective and full participation of indigenous peoples in

decision-making processes relating to all development projects and legal or administrative

measures that directly or indirectly affect their communities. A total of seven countries

received recommendations to take further steps in this regard, often with direct reference to

the need for ratification, implementation or systematic application of the United Nations

Declaration on the Rights of Indigenous Peoples, the ILO Indigenous and Tribal Peoples

Convention, 1989 (No. 169), or the principle of free, prior and informed consent.

B. Land rights

26. During the reporting period, OHCHR actively engaged in activities promoting

indigenous people’s rights to land, in cooperation with relevant stakeholders.

27. In November 2017, the OHCHR office in Cambodia shared with the Ministry of

Rural Development, the Ministry of the Interior and the Ministry of Land Management,

Urban Planning and Construction — the three ministries responsible for the three-step

process allowing indigenous peoples to obtain communal land titles — a draft discussion

paper on the potential reform of the communal land titling process. The office held

consultation meetings with the relevant ministries at the technical level, as well as with

relevant non-governmental organizations, to complete the document for formal presentation

to the Government in 2018.

28. The country office received information from indigenous and other communities

that claim to have lost land due to land disputes or inconsistent implementation of

government policies. It received petitions from individuals and groups seeking its

intervention and legal advice on their disputes and concerns. It conducted field visits to

ascertain facts, engaged with the relevant authorities and dispute resolution mechanisms,

facilitated dialogue among the parties, and provided legal and procedural advice to

communities and the civil society organizations supporting them. In August 2017, it

organized a training workshop on national and international standards relating to the rights

of indigenous peoples for approximately 35 Chong indigenous representatives from Pursat

Province.

29. The country office also assisted the Government and business enterprises in

providing adequate remedies in cases of land and housing rights violations, in coordination

with a non-governmental organization, the Independent Mediation Group, in August 2017,

and in providing technical support to indigenous Bunong communities affected by an

Economic Land Concession in Busra, Mondulkiri Province, during the pre-mediation and

mediation phases of the dispute resolution accepted by the company concerned.

4 See CERD/C/AUS/CO/18-20, para. 19.

5 See CEDAW/C/CHL/CO/7, para. 47.

30. In May 2018, the country office supported the Ministry of Land Management, Urban

Planning and Construction in organizing a pilot training programme on dispute resolution

mechanisms for 13 indigenous communities located in Ratanakiri Province that had already

had communal land titles issued to them in previous years, to enable them to protect their

land against encroachment.

31. The country office continued to work closely with the three main ministries involved

in the communal land titling process as well as with local authorities, civil society

organizations and indigenous communities to support the issuance of collective land titles.

In October and November 2017, the office organized two regional seminars on the

communal land titling process for 140 local authorities and 20 indigenous peoples’

representatives.

32. The country office also supported the three ministries, their local departments and

the indigenous communities with specific communal land titling processes. Among other

results, two Bunong indigenous communities in Mondulkiri and Kratié Provinces adopted

community by-laws, in August 2017 and April 2018 respectively, as part of the second step

in the communal land titling process. In October, three Jorng communities in the Areng

Valley of Koh Kong Province — the site of a number of high-profile land disputes in recent

years — received their indigenous identity certificates. This experience was recorded, to

produce a video to help inform other communities about how they can use and benefit from

the communal land titling process.6

33. The OHCHR office in Guatemala organized a high-level training course for political

and legal advisers from 16 relevant government institutions, including the property registry

and the Presidential Commission on Discrimination and Racism against Indigenous Peoples,

on international standards related to land, a healthy environment and indigenous peoples.

34. With the financial assistance of the United Nations Voluntary Trust Fund on

Contemporary Forms of Slavery, the National Council of Displaced Guatemalans 7

implemented a project in the country’s Sayaxché region that provided social and legal

support to 300 Q’eqchi’ Maya victims of land dispossession and environmental

contamination generated by the palm oil industry.

35. The OHCHR presence in Kenya engaged with indigenous communities, as part of

the national steering committee developing the policy on business and human rights, to

collect their views on what the policy should contain regarding the land rights of

indigenous peoples, environmental rights, issues of forced evictions and access to remedies.

The information was included in a report on stakeholder consultations. In May 2017,

OHCHR facilitated a session on the Guiding Principles on Business and Human Rights, as

part of the steering committee.

36. The OHCHR presence in Kenya also supported the Ogiek community for its

engagement with the task force set up in November 2017 to implement the decision of the

African Court8 and give recommendations for a six-month period. Part of the task force’s

role is to engage with the Ogiek community. However, the task force’s mandate expired

before it could engage with stakeholders and there are ongoing discussions on allocating

more time for consultations.

37. The OHCHR presence in Kenya continued to monitor the various evictions of

members of the Sengwer community from the Embobut Forest between December 2017

and February 2018, consulting with stakeholders and providing information to the special

procedures of the Human Rights Council.

38. The Special Rapporteur on the rights of indigenous peoples, during her official

country visits undertaken in November 2017 at the invitation of the Government of Mexico

and in May 2018 at the invitation of the Government of Guatemala, focused on economic

6 See https://youtu.be/F7atg5Ps8q0.

7 Consejo Nacional de Desplazados de Guatemala.

8 African Commission on Human and Peoples Rights v. Republic of Kenya, Application No. 006/2012

(2017).

development projects that had led to land dispossession, harmful environmental impact and

social conflicts, and to the criminalization of indigenous community members opposing

them. In her report to the General Assembly,9 presented at its seventy-second session, she

identified the collective rights of indigenous peoples to their lands, territories and resources

as a priority area requiring urgent attention.

39. The Human Rights Committee, the Committee on Economic, Social and Cultural

Rights, the Committee on the Elimination of Discrimination against Women, the

Committee on the Elimination of Racial Discrimination and the Committee on the Rights of

the Child issued a number of recommendations to protect indigenous peoples’ land rights.

The Human Rights Committee, the Committee on the Elimination of Racial Discrimination

and the Committee on the Rights of the Child expressed concerns about cases of eviction of

indigenous peoples from ancestral lands. Human rights treaty bodies recommended that

States parties hold consultations with indigenous communities with a view to obtaining

their free, prior and informed consent before making any decisions that would have an

impact on them.10 The Committee on Economic, Social and Cultural Rights stressed the

importance of the demarcation and recognition of indigenous peoples’ lands in order to

reinforce the communities’ right to protect, develop and control it.11 The same Committee

recommended that guarantees of reparation, alternative housing and compensation should

be established.12 In paragraph 46 of its general comment No. 24 (2017) on State obligations

under the International Covenant on Economic, Social and Cultural Rights in the context of

business activities, the same Committee calls upon States parties to ensure that indigenous

peoples have access to effective remedies, both judicial and non-judicial, which should be

sensitive to indigenous cultures and accessible to indigenous peoples. The Committee on

the Elimination of Discrimination against Women recommended the enforcement of legal

and other measures to protect effectively women who are victims of harassment and

violence in the context of forced evictions.13

40. In order to effectively protect land rights and avoid land-related conflicts, the

Committee on Economic, Social and Cultural Rights recommended to various countries to

increase their national efforts related to the demarcation and titling of indigenous lands,

which should include stronger institutional capacity for the entities responsible for such

processes.14

C. Human rights defenders

41. A number of United Nations human rights mechanisms and various OHCHR field

presences raised issues related to the safety of those defending indigenous peoples’ rights.

42. During the Permanent Forum on Indigenous Issues, in April 2018, the Assistant

Secretary-General for Human Rights drew attention to widespread intimidation and

reprisals against indigenous peoples who cooperated with the United Nations. He stressed

the need to ensure that the experience of indigenous peoples who had been targeted for

claiming their rights by engaging with the United Nations was properly reflected in the

Secretary-General’s 2018 report on reprisals.15

43. The Expert Mechanism on the Rights of Indigenous Peoples shared the concerns

expressed by other United Nations human rights experts16 through a statement in March

2018 in support of indigenous human rights defenders in the Philippines, including the

9 A/72/186.

10 See CCPR/C/HND/CO/2, para. 47.

11 See E/C.12/MEX/CO/5-6, para. 68.

12 See E/C.12/RUS/CO/6, para. 49.

13 See CEDAW/C/GTM/CO/8-9, para. 41.

14 See A/HRC/37/5, A/HRC/36/11, A/HRC/36/7 and A/HRC/37/8.

15 Information can be sent to reprisals@ohchr.org.

16 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22783&LangID=E and

www.un.org/development/desa/indigenouspeoples/news/2018/03/unpfii-indigenous-human-rights-

defenders-in-the-philippines/.

concerns about the recent terrorism accusations levelled against the Special Rapporteur on

the rights of indigenous peoples. The Expert Mechanism also expressed its support for Joan

Carling, a former member of the Permanent Forum on Indigenous Issues, and Jose Molintas,

a former member of the Expert Mechanism, who are the targets of similar accusations.

44. In the same vein, the Committee on the Elimination of Racial Discrimination

adopted its decision 1 (95) on the Philippines under its early warning and urgent action

procedures, expressing concern about claims that the list of more than 600 individuals

alleged to be affiliated with terrorist organizations, included in the court petition of

February 2018 filed by the Philippines State Prosecutor, is aimed at intimidating

“indigenous peoples defending their lands, and is part of a wider campaign by the State

party to narrow the democratic space and to target various groups of persons including

indigenous peoples, human rights defenders, and persons expressing dissenting opinions”.17

45. The OHCHR office in Colombia intervened rapidly with relevant authorities

regarding threats, kidnappings and the risk of assassination facing indigenous leaders in the

regions of Catatumbo, Putumayo, Chocó, Nariño, Cauca and Valle del Cauca.

46. The country office acknowledged the efforts made by the National Protection Unit

of the Ministry of the Interior to protect human rights defenders, and supported the

strengthening of collective protection measures in rural areas, such as using indigenous

guards as a means of individual and territorial protection.

47. In November 2017, the OHCHR office in Guatemala organized a workshop on the

protection of indigenous women human rights defenders, which focused on issues of

invisibility and of the normalization of violence. The office also documented cases of

criminalization of indigenous human rights defenders working on land rights and followed

up on cases with State authorities.

48. The country office monitored emblematic cases to ensure greater transparency and

due process, and supported the work of the Office of the Attorney-General, maintaining

close contact with a vast network of indigenous human rights defenders, visiting the

communities concerned and meeting with local authorities. Protection of human rights

defenders was further enhanced by the development of a public policy on this matter by the

Presidential Commission for Coordinating Executive Policy in the field of human rights,

with technical support from OHCHR.

49. The OHCHR office in Honduras continued to monitor the case of the killing of the

indigenous Lenca environmental defender Berta Cáceres in March 2016, allegedly linked to

her opposition to the Agua Zarca dam, run by the Desarrollos Energéticos hydroelectric

company in Honduras.

50. The Special Rapporteur on the rights of indigenous peoples has, together with other

special procedures, sent a string of communications on the case to the Government and to

financial investors supporting the dam project, and has highlighted the case in several of her

reports and speeches to the Human Rights Council and the General Assembly. Several

investors, including the Netherlands Development Finance Company, the Central American

Bank for Economic Integration and Finnfund, subsequently suspended funding for the dam

project.

51. Unprecedented prevention measures were taken by Mexican authorities, as a result

of a press release calling for an impartial and effective investigation, issued by the OHCHR

office in Mexico, after it had documented cases of violence against indigenous human

rights defenders in several Mexican states, including Oaxaca, the State of Mexico, Guerrero

and Chihuahua. In January 2018, the office carried out two field missions to the State of

Guerrero pursuant to reports of three extrajudicial killings of indigenous human rights

defenders, allegedly by the state police.

17 See http://tbinternet.ohchr.org/Treaties/CERD/Shared%20Documents/PHL/INT_CERD_EWU_PHL

_8679_E.pdf.

52. In February 2018, the office convened an event in Mexico City to showcase the

work of human rights defenders, with the participation of 500 representatives from different

indigenous communities. The event enjoyed extensive coverage from the national media.

53. The Special Rapporteur on the rights of indigenous peoples has taken action on

some 32 cases.18 In January 2018, the European Commission decided to suspend a climate

change project in the Embobut Forest in Kenya pending an assessment of the project’s

human rights compliance. Days before the decision, the Special Rapporteur on the rights of

indigenous peoples, together with the Special Rapporteur on the situation of human rights

defenders and the Special Rapporteur on the issue of human rights obligations relating to

the enjoyment of a safe, clean, healthy and sustainable environment had sent two requests

for urgent action to the Government of Kenya and the European Commission and had

issued a press release expressing concern over allegations of forced evictions and attacks

against the indigenous Sengwer people urging the authorities to investigate and the

European Union to suspend funding of the project pending compliance with human rights

standards.

54. In addition to following up on specific cases, the Special Rapporteur on the rights of

indigenous peoples focused her thematic work in 2017 and 2018 on an assessment of the

escalating problem of the criminalization of indigenous peoples who are defending their

rights.

55. In May 2018, the Special Rapporteur on the situation of human rights defenders

carried out an official visit to Honduras, where he met with numerous representatives and

organizations of indigenous peoples. In his end-of-mission statement, he noted that

indigenous people faced criminalization, stigmatization and judicial harassment, all of

which were linked to the defence of their lands and environments. He noted the lack or the

misuse of meaningful consultation with indigenous peoples, and the divisions and conflicts

generated by private companies seeking access to their lands.

56. During the reporting period, the Human Rights Committee, the Committee on

Economic, Social and Cultural Rights, the Committee on the Elimination of Discrimination

against Women and the Committee on the Elimination of Racial Discrimination provided

recommendations to several States on the protection of indigenous human rights defenders.

For example, the Committee on the Elimination of Discrimination against Women

addressed the protection of indigenous women human rights defenders, who are subjected

to different manifestations of violence, such as threats, sexual abuse and harassment,

including by non-State actors. It called for prompt and transparent investigation of all cases

of intimidation, harassment or attack against them.19

D. Early warning mechanisms and monitoring of human rights violations

57. Over the period under review, OHCHR continued to assist national authorities and

other relevant actors in taking steps to prevent or mitigate human rights violations,

including by supporting early warning mechanisms, risk assessments and rapid response

capacities.

58. The OHCHR office in Mexico plays an active role as a member of the Board of the

Federal Protection Mechanism for Journalists and Human Rights Defenders, to which it has

presented a number of recommendations regarding cases of indigenous human rights

defenders at risk.

59. Since March 2016, the country office has been actively participating in the

implementation of the contingency plan of the State of Chihuahua — a public policy

implemented by the Federal Ministry of the Interior and the local government to prevent

attacks against human rights defenders and journalists. This initiative resulted in a baseline

18 The cases were from Bangladesh, Brazil, Cambodia, Canada, Chile, the Democratic Republic of the

Congo, Ecuador, Egypt, Guatemala, Honduras, India, Kenya, Mexico, Nepal, Paraguay, Peru, the

Philippines, the United Republic of Tanzania and the United States of America.

19 See CEDAW/C/CHL/CO/7, para. 31.

study on the situation of internally displaced persons in the region and the implementation

of judicial decisions regarding the rights of indigenous peoples.

60. In January 2018, the country office, along with the International Organization for

Migration the United Nations Children’s Fund, UNDP and the Office for the Coordination

of Humanitarian Affairs, conducted an inter-agency mission to the Tzotzil indigenous

community in Chalchihuitán, in the State of Chiapas, where 5,000 members of the

community had allegedly been forcibly displaced. The office presented results of the fact-

finding mission to the Undersecretary for Human Rights of the Ministry of the Interior,

calling for urgent measures to be taken.

E. Access to justice and the legal protection of indigenous peoples rights

61. Access to justice is of particular importance given the gravity of the issues facing

indigenous peoples, which include discrimination in criminal justice systems, particularly

for indigenous women and young people. OHCHR sought to empower indigenous

organizations to amplify their demands for recognition of and respect for their rights

through legal means, such as litigation.

62. The United Nations Joint Human Rights Office in the Democratic Republic of the

Congo continued to support legislative developments in the country, in cooperation with a

parliamentary commission on indigenous peoples’ rights. In December 2017, in partnership

with parliamentarians and indigenous representatives, it supported the development of

legislation to protect the rights of the indigenous peoples in the Province of Mai-Ndombe,

which was adopted in May 2018.

63. The OHCHR office in Guatemala finalized the implementation of the second phase

of the Maya Programme. It provided technical assistance to the Government and indigenous

peoples on 11 strategic litigation cases and follow-up to 7 court rulings involving rights

related to transitional justice, land and resources and bilingual intercultural education. Six

of the 11 cases resulted in favourable rulings and 4 of them resulted in favourable and

definitive rulings from the Constitutional Court regarding ancestral land claims on behalf of

the Q’eqchi’, Ch’orti’ and Xinca peoples.

64. Through the Maya Programme, the country office collaborated with the Office of the

Attorney-General on the development of a policy on access to justice for indigenous

peoples. In May 2017, the Office of the Attorney-General presented its new 2017–2025

policy on access to justice for indigenous peoples,20 to help overcome linguistic, cultural,

geographic and economic barriers, and to provide access to justice for indigenous peoples

in the country. The policy, developed with the technical assistance of OHCHR, provides for

the creation of a secretariat on indigenous peoples within the Office of the Attorney-

General, which will play a major role in implementing policies developed in consultation

with indigenous authorities.

65. The country office also organized seminars and training sessions with international

experts on indigenous peoples’ rights, including training for judges on indigenous peoples’

rights and on indigenous women’s rights, in the context of transitional justice trials and

reparation measures.

66. The OHCHR office in Honduras continued to be an observer on the inter-

institutional commission for the implementation of the rulings handed down by the Inter-

American Court of Human Rights in the Punta Piedra v. Honduras and Triunfo de la Cruz

v. Honduras cases. The office is monitoring the implementation of the reparations ordered

by the court, with a special focus on land, natural resources and prior consultation rights.

67. The United Nations Voluntary Fund for Victims of Torture, managed by OHCHR,

supported a project implemented in Guatemala by the Community Studies and Psychosocial

Action Team to provide psychosocial support, using a traditional indigenous approach, to

indigenous women who became victims of torture and sexual violence during the internal

20 See A/HRC/34/3/Add.1, para. 25.

armed conflict. A total of 156 indigenous women, including women from the Mam, Chuj,

P’opti’, Kaqchikel, Ixil, K’iche’ and Q’eqchi’ peoples, received assistance during and after

strategic litigation cases, including 14 Q’eqchi’ Maya women who participated in the

landmark Sepur Zarco case.

68. In Peru, the United Nations Voluntary Fund for Victims of Torture financially

supported a project that provided legal support to about 650 indigenous Quechua people

seeking truth, justice and reparation for their lost family members. The project was

implemented by the National Association of Families of the Kidnapped, Detained and

Disappeared of Peru, an organization created by Quechua mothers, wives and families of

victims of arbitrary detention and enforced disappearance during the internal armed conflict.

69. During the reporting period, the United Nations Voluntary Trust Fund on

Contemporary Forms of Slavery, managed by OHCHR, financially supported one

organization exclusively assisting indigenous victims of contemporary forms of slavery. As

a result, about 300 indigenous victims of slavery received assistance in Guatemala.

70. Also during the reporting period, the Committee on the Elimination of

Discrimination against Women and the Committee on the Elimination of Racial

Discrimination made recommendations to increase and protect indigenous peoples’ rights

to access to justice, indicating the particular intersectional obstacles faced by indigenous

women when attempting to access justice systems,21 the scarcity of local points of access to

justice in rural and indigenous areas 22 and the financial obstacles involved. 23 The

Committee on the Elimination of Discrimination against Women recommended the

designing of a strategy which addresses language barriers and disseminates information

about effective legal remedies and procedures enabling women to claim their rights.24 The

Committee on the Elimination of Racial Discrimination recommended an increase in the

allocation of resources to existing national mechanisms established to provide legal services

for indigenous communities.25

71. The Committee against Torture expressed its concern about the use of punishment

devices such as the stocks, for the application of penalties in the administration of

indigenous justice. It urged the State party to take the measures necessary to ensure that

indigenous justice is administered with full respect for human rights.26

72. Issues related to improving access to justice and strengthening the legal protection of

indigenous peoples were addressed in a number of recommendations arising from the

universal periodic review. States were advised to intensify their efforts to eliminate

structural discrimination. Furthermore, recommendations were made to adopt and/or

implement policies that ensure thorough, impartial, independent and timely investigations

into all attacks, harassment and acts of intimidation against indigenous peoples’ human

rights defenders, journalists and/or social organizations.27

F. Indigenous peoples and the 2030 Agenda for Sustainable Development

73. The 2030 Agenda for Sustainable Development and its overall focus on reducing

inequalities and leaving no one behind are of particular relevance to indigenous peoples.

74. The OHCHR office in Guatemala held workshops on a human rights-based approach

to the implementation of the Sustainable Development Goals and human rights indicators,

for the Secretariat for Planning and Programming of the Office of the President, the

National Statistics Institute, the Ombudsman, indigenous peoples, members of civil society

and the United Nations country team.

21 See CEDAW/C/THA/CO/6-7, para. 10.

22 See CEDAW/C/GTM/CO/8-9, para. 12.

23 See CEDAW/C/CHL/CO/7, para. 14.

24 See CEDAW/C/CRI/CO/7, para. 9.

25 See CERD/C/AUS/CO/18-20, para. 26.

26 See CAT/C/PAN/CO/4, para. 46.

27 See A/HRC/36/11, A/HRC/37/9 and A/HRC/37/8.

75. The OHCHR office in Honduras, in partnership with OHCHR, the National Human

Rights Protection Mechanism and the Special Prosecutor for Ethnic Groups28 held a series

of workshops directed at local authorities, justice operators, public defenders and the police,

aimed at preventing the misuse of the criminal justice system against indigenous peoples

charged with land appropriation or other criminal offences, in the context of social protest

activities to assert their ancestral land rights.

76. The OHCHR office in Mexico collaborated with UNDP and FAO to provide

technical assistance in the implementation of the Agreement for the Sustainability of the

Yucatán Peninsula, signed by three Governors (of the States of Quintana Roo, Yucatán and

Campeche), aimed at developing policies and programmes that support the implementation

of Sustainable Development Goal 2 on ending hunger, achieving food security and

improved nutrition and promoting sustainable agriculture, and of Sustainable Development

Goal 15 on protecting, restoring and promoting sustainable use of terrestrial ecosystems,

sustainably managing forests, combating desertification, halting and reversing land

degradation and halting biodiversity loss.

77. During the reporting period, the Committee on the Rights of the Child referred to

target 16.2 of the Sustainable Development Goals when recommending the creation of

monitoring mechanisms and particular measures to prevent violence against children

belonging to indigenous communities.29

78. The Committee also drew attention to targets 1.3 and 11.1 of the Sustainable

Development Goals, recommending the adoption of strategies to “ensure that public

policies in the area of housing, safe drinking water and sanitation, health and education

adequately address the rights of children belonging to indigenous peoples”30 and guarantee

a good standard of living.

79. When addressing the issue of unequal access to education due to gender disparities,

the Committee on the Rights of the Child referred to target 4.5 of the Sustainable

Development Goals on eliminating gender disparities in education and ensuring equal

access to all levels of education and vocational training for the vulnerable, including

indigenous peoples.31

80. The Committee was also concerned at underregistration among indigenous peoples,

and encouraged the registration of children at birth, in accordance with target 16.9 of the

Sustainable Development Goals on providing legal identity for all, including birth

registration.32 The Committee on the Rights of the Child recommended the reinforcement of

measures to provide quality health care, including access to health care in indigenous

languages, in line with target 3.8 of the Sustainable Development Goals on achieving

universal health coverage.33

G. Data collection and data disaggregation

81. The OHCHR office in Guatemala promoted the collaboration between indigenous

peoples and national census authorities to ensure that indigenous peoples actively

participated in the census.

82. The Committee on the Elimination of Discrimination against Women, the

Committee on the Elimination of Racial Discrimination and the Committee on the Rights of

the Child urged States to systematically collect and provide statistical data through all

relevant ministries and departments, disaggregated by ethnic groups, including indigenous

peoples, to provide an empirical basis on which to evaluate the equal enjoyment of rights

under their respective Conventions. The Committee on the Rights of the Child expressed

28 Fiscalía de Etnias.

29 See CRC/C/ECU/CO/5-6, para. 25.

30 Ibid., para. 36.

31 See CRC/C/PLW/CO/2, para. 51.

32 See CRC/C/PAN/CO/5-6, para. 18.

33 Ibid., para. 29.

concern about the lack of disaggregated data on children belonging to indigenous peoples,

and of assessments of their situations, and encouraged the establishment of a system for

collecting such data.34

H. Indigenous peoples social and cultural rights

83. In November and December 2017, the OHCHR office in Mexico coordinated the

joint visit of the Special Rapporteurs on freedom of expression of the Human Rights

Council and of the Inter-American Commission on Human Rights, during which the

Special Rapporteurs met with a number of indigenous radio broadcasters who provided

information in their own language and drew attention to cultural and social issues in their

community which would otherwise not be covered by the media. The Special Rapporteurs

pointed to the need to adopt measures to expand the access of indigenous peoples to

community broadcasting, and to continue to improve access to broadband in areas lacking

reliable access.

84. The Committee on Economic, Social and Cultural Rights expressed concerned about

the extinction of indigenous languages and recommended the establishment of frameworks

to ensure that indigenous languages were taught in schools.35 The Committee on Economic,

Social and Cultural Rights, the Committee on the Elimination of Discrimination against

Women and the Committee on the Rights of the Child encouraged the dissemination of

indigenous cultures through education. 36 The Human Rights Committee recommended

increasing the recruitment and training of indigenous language teachers and increasing the

availability of language instruction in indigenous languages for indigenous children in

kindergarten. The Committee on the Elimination of Racial Discrimination affirmed that

multiculturalism included indigenous cultures and that national anti-racism strategies

should also protect indigenous communities from hate speech and violence.37

85. The Committee on Economic, Social and Cultural Rights, the Committee on the

Rights of Persons with Disabilities, the Committee on the Elimination of Racial

Discrimination and the Committee on the Rights of the Child addressed issues regarding the

right to health of indigenous peoples. The Committee on the Rights of Persons with

Disabilities addressed issues of prioritized accessibility to health care for indigenous

persons with disabilities. The Committee on the Elimination of Discrimination against

Women focused on indigenous women’s rights to health care, and their particular concerns,

including childbirth services, gynaecological services, contraception and basic health-care

services. The same Committee also pointed out the higher rates of maternal mortality, early

pregnancy and malnutrition among indigenous women and girls.38 The same Committee

recommended that information about health care, including contraception, should be

disseminated to indigenous communities to enable a gender-sensitive, consultative and

inclusive process.39

86. The issue of indigenous languages is pertinent in a number of sectors, including

health care, since the provision of health-care services in indigenous languages remains

insufficient in certain cases and thus limits access to such services by indigenous people.40

The Committee on the Rights of the Child highlighted the issue of adolescent health in

indigenous communities.

34 See CRC/C/GTM/CO/5-6, para. 43.

35 See E/C.12/AUS/CO/5, para. 58.

36 See E/C.12/URY/CO/5, para. 60.

37 See CERD/C/AUS/CO/18-20, para. 13.

38 See CEDAW/C/GTM/CO/8-9, para. 36.

39 See CEDAW/C/NOR/CO/9, para. 39.

40 See CERD/C/FIN/CO/23, para. 18.

I. Violence against indigenous women and girls

87. During the reporting period, indigenous women and girls in many countries

continued to face violence and multiple forms of intersecting discrimination impeding their

full and equal enjoyment of all human rights.

88. The OHCHR office in Guatemala registered cases of violence against indigenous

women and girls in the context of forced evictions — such as in the case of the forcibly

evicted Chabilchoch community in Izabal department — including allegations of excessive

use of force by the police.

89. The Human Rights Committee and the Committee on the Elimination of Racial

Discrimination expressed concerns about the lack of national mechanisms to address

intersectional discrimination and violence. The Human Rights Committee recommended

the strengthening of existing preventive measures 41 with mechanisms that specifically

report cases of violence against indigenous women. The Committee on the Elimination of

Discrimination against Women noted a number of issues of violence related to indigenous

women, in particular, such as obstetric violence in connection with childbirth services,42

insufficient capacity of law enforcement officials to investigate and prosecute cases of

gender-based violence,43 sexual violence,44 and lack of information about legal remedies for

gender-based violence.45 The same Committee also pointed out the issue of intersectional

discrimination against women and against indigenous people.46

90. The Committee on the Elimination of Discrimination against Women recommended

the dissemination of information about legal remedies available to indigenous women who

have suffered gender-based violence, and systematic training for the judiciary and law

enforcement officers on the rights of indigenous women.47 The Committee on Economic,

Social and Cultural Rights recommended the implementation of measures to combat

domestic violence against women, including indigenous women,48 especially as domestic

violence may result in homelessness. The Committee on Economic, Social and Cultural

Rights also recommended the development of national housing strategies, with adequate

funding. 49 The Committee on the Rights of Persons with Disabilities added a

recommendation to include women and girls in policies regarding violence against

indigenous people and people with disabilities, in order to ensure their intersectional

protection.50

91. The Committee on the Rights of Persons with Disabilities has adopted its general

comment No. 6 (2018) on equality and non-discrimination, which provides details on

intersectional discrimination.51 In paragraph 29 (c) of its general recommendation No. 35

(2017) on gender-based violence against women, updating general recommendation No. 19,

the Committee on the Elimination of Discrimination against Women calls upon States

parties to repeal, including in customary, religious and indigenous laws, all legal provisions

that are discriminatory against women and thereby enshrine, encourage, facilitate, justify or

tolerate any form of gender-based violence.

41 See CCPR/C/AUS/CO/6, para. 22.

42 See CEDAW/C/CRI/CO/7, para. 30.

43 See CEDAW/C/GTM/CO/8-9, para. 12.

44 See CEDAW/C/NOR/CO/9, para. 25.

45 See CEDAW/C/CHL/CO/7, para. 15.

46 See CEDAW/C/GTM/CO/8-9, para. 15.

47 See CEDAW/C/CHL/CO/7, para. 15.

48 See E/C.12/AUS/CO/5, para. 34.

49 Ibid., para. 42.

50 See CRPD/C/PAN/CO/1, para. 17.

51 See para. 19.

J. Development of national action plans

92. A significant commitment made by States at the World Conference on Indigenous

Peoples, and reflected in its outcome document, relates to the preparation of national action

plans to implement the United Nations Declaration on the Rights of Indigenous Peoples.

93. In 2017 and 2018, the OHCHR office in Mexico provided technical assistance to

several local governments — of Chihuahua, San Luis Potosí, Querétaro and Mexico City —

to define specific outputs and indicators related to the rights of indigenous peoples in their

local action plans.

94. The country office also provided assistance in the evaluation of the National Human

Rights Programme. On 19 May 2017, the office organized a meeting with the Ministry of

the Interior to ensure the inclusion of the right to prior consultation in the National Plan on

Business and Human Rights, advocating for effective consultation with indigenous peoples

for the elaboration of the plan.

95. The Committee on Economic, Social and Cultural Rights, the Committee on the

Elimination of Racial Discrimination and the Committee on the Rights of the Child

recommended the inclusion of formal monitoring mechanisms in national action plans on

business and human rights,52 and the enactment of a national action plan on violence against

women with special provisions to end the high rates of violence against indigenous women

and girls.53 These treaty bodies also recommended the adoption of a specific national action

plan on violence against indigenous women,54 as well as the development of a national

action plan for, and with the full and effective participation of, indigenous children, to

eliminate their vulnerability to violence and exploitation, and recommended that resources

be allocated for that national plan.55

III. Participation of indigenous peoples in United Nations processes

96. Pursuant to General Assembly resolution 71/321, the President of the General

Assembly convened an informal interactive hearing in April 2018 with indigenous peoples

to reflect on possible further measures to enhance the participation of indigenous peoples’

representatives and institutions in relevant United Nations meetings on issues affecting

them. In his opening statement, the Assistant Secretary-General for Human Rights

emphasized that indigenous peoples faced different realities around the world. While some

States recognized indigenous peoples’ governance institutions, others did not. He noted that

it was critical to ensure that indigenous peoples could participate at the United Nations

regardless of their status in their own countries. He also welcomed the call for regional

consultations, as an important opportunity to ensure that the views of as many indigenous

communities as possible, including of women and youth groups, were fully considered.

97. Every year, OHCHR supports indigenous people by improving their knowledge of,

and facilitating their participation, in the work of United Nations human rights bodies and

mechanisms.

98. During the reporting period, 33 representatives of indigenous peoples (20 women

and 13 men) from 24 countries 56 participated in the annual Indigenous Fellowship

Programme. Held in Geneva from 19 June to 14 July 2017, the programme was available in

Arabic, English, Russian and Spanish. Participants were introduced to the United Nations

52 See E/C.12/NLD/CO/6, para. 12.

53 See CERD/C/CAN/CO/21-23, para. 24.

54 See CERD/C/AUS/CO/18-20, para. 28.

55 See CRC/C/PAN/CO/5-6, para. 36.

56 Australia, the Plurinational State of Bolivia, Brazil, Burundi, Canada, Chad, Chile, Colombia, Congo,

Ecuador, Guatemala, India, Indonesia, Kenya, Mexico, Morocco, Nicaragua, Pakistan, the Russian

Federation, South Africa, Tuvalu, Ukraine, the United States of America and the Bolivarian Republic

of Venezuela.

human rights instruments and mechanisms, and explored issues of particular relevance to

indigenous peoples, such as climate change, human rights and business, women’s rights and

gender equality. The programme included training to develop specific skills in the areas of

lobbying and media advocacy, resource mobilization, and mainstreaming human rights

through human rights education. It culminated with the fellows’ participation in the tenth

session of the Expert Mechanism on the Rights of Indigenous Peoples, where they

organized their own side event celebrating the twentieth anniversary of the establishment of

the Indigenous Fellowship Programme. In addition, OHCHR published a booklet entitled

“Indigenous Fellowship Programme 1997–2017: 20 years, 20 stories”. The booklet

highlights the achievements and challenges of 20 former fellows, from each of the language

components, together with their achievements and the obstacles they face in their work.

99. OHCHR also hosted, at its headquarters, a senior indigenous fellow from Nicaragua

for a four-month in-depth training experience on the relevant international human rights

systems and mechanisms. She also had the chance to gain practical knowledge by

contributing to the activities of OHCHR.

100. In 2017, the United Nations Voluntary Fund for Indigenous Peoples allocated 78

grants to support the participation of indigenous peoples in the sessions of the Permanent

Forum on Indigenous Issues (24), the Expert Mechanism on the Rights of Indigenous

Peoples (20), the Human Rights Council (3), including its universal periodic review (4),

and in human rights treaty bodies (27).

101. The United Nations Voluntary Fund for Indigenous Peoples also provided support to

15 grantees in order to help them attend the General Assembly consultation process aimed

at enhancing the participation of indigenous peoples’ representatives in United Nations

meetings on issues affecting them. In addition, the Fund allocated resources to equip

indigenous people with the tools needed to make their participation in meetings more

effective.

102. Indigenous peoples’ representatives participated in the third regional consultation for

Latin America and the Caribbean on the implementation of the Guiding Principles on

Business and Human Rights within the framework of the 2030 Agenda for Sustainable

Development, at the Economic Commission for Latin America and the Caribbean in

Santiago on 12–14 December 2017. The meeting was jointly convened jointly by the

United Nations Working Group on the issue of human rights and transnational corporations

and other business enterprises and the OHCHR Regional Office for South America. One of

the key issues addressed was the protection of indigenous leaders from human rights abuse

perpetuated by private sector actors.57

103. To ensure that the voices of indigenous peoples are channelled to the United Nations

and its human rights bodies and mechanisms, the Special Rapporteur on the rights of

indigenous peoples regularly meets with representatives from indigenous peoples’ groups

and communities. At the seventeenth session of the Permanent Forum on Indigenous Issues,

she met with 26 groups from different regions.

104. The OHCHR office in Guatemala provided technical assistance to civil society

organizations and promoted indigenous women’s participation in the drafting of alternative

reports for the Committee on the Elimination of Discrimination against Women and the

Human Rights Committee, while supporting the participation of indigenous peoples’

representatives in the universal periodic review of Guatemala.

105. The office also provided technical assistance to the Presidential Commission on

Discrimination and Racism against Indigenous Peoples when drafting periodic reports

regarding Guatemala for the Committee on the Elimination of Racial Discrimination.

106. During the reporting period, the Committee on the Elimination of Racial

Discrimination reviewed 18 States parties and received a significant number of alternative

reports submitted by indigenous organizations. The dialogue involved numerous indigenous

57 See A/HRC/32/45/Add.4.

activists and human rights defenders from the countries in question. They benefited from

direct engagement with Committee members in public and private settings.

IV. Conclusions

107. During the reporting period, indigenous peoples in many parts of the world

continued to face numerous significant human rights challenges, as highlighted by

United Nations human rights mechanisms, which included intimidation and reprisals

against those cooperating with the United Nations. In order to address these human

rights challenges, OHCHR carried out a range of country and regional activities to

facilitate constructive dialogue and engagement between indigenous peoples, national

authorities, public officials and, when relevant, the private sector.

108. The lack of or insufficient access to justice for indigenous peoples in State legal

systems, along with the lack of statutory recognition and adequate protection of

indigenous land rights, contributed to the challenges experienced by indigenous

peoples worldwide. OHCHR assisted States in improving indigenous peoples access

to legal remedies so that indigenous peoples could better benefit from national legal

systems, advocate for the recognition of their own justice systems and participate in

the development and implementation of domestic policies and legislation to protect

their rights.

109. OHCHR also supported States in strengthening their capacity to protect

indigenous human rights defenders and to fulfil their duty to consult and cooperate

with indigenous peoples to obtain their free, prior and informed consent before

adopting and implementing measures that may affect them. Strengthening prevention

of, and addressing, intimidation and reprisals against those who cooperate with the

United Nations has also been a priority of OHCHR.

110. OHCHR continued to support States, national human rights institutions and

civil society in empowering individuals and communities to monitor deteriorating

situations, and establish systems to prevent and monitor conflicts, particularly

regarding their lands and resources.

111. Recognizing that the 2030 Agenda for Sustainable Development puts the

principles of equality and non-discrimination at its centre, OHCHR supported the

implementation of the Sustainable Development Goals and the associated targets

relevant to indigenous peoples. The collection of disaggregated data continues to be

essential for a comprehensive assessment of the extent and range of the challenges

confronting indigenous peoples today, and it remains, worldwide, largely insufficient.

112. As is evidenced in the present report, significantly enhanced efforts are needed

in order for States to ensure effectively the full and equal enjoyment of rights for all

indigenous peoples, through domestic laws, policies and strategies in line with the

United Nations Declaration on the Rights of Indigenous Peoples, relevant human

rights obligations and the outcome document of the World Conference on Indigenous

Peoples.